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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 87ZI
Self-incrimination and legal professional privilege
87ZI Self-incrimination and legal professional privilege
(1) This section applies to a person who is an investigated person or an
associated person for an investigated person if the person is required to
answer a question put to the person by an investigator or produce a document
to an investigator.
(2) The person is not excused from failure to comply with
the requirement on the basis that complying— (a) might tend to incriminate
the person or expose the person to a penalty; or
(b) in the case of an
investigated person mentioned in section 87ZC (2) or an associated person for
an investigated person mentioned in section 87ZC (2) , would disclose a
privileged client communication.
(3) The investigator must inform the person,
in a way that is reasonable in the circumstances, that— (a) the person must
comply with the requirement even though complying— (i) might tend to
incriminate the person or expose the person to a penalty; or
(ii) would
disclose a privileged client communication; and
(b) if the person is an
individual—under section 87ZQ , there is a limited immunity against the
future use of the information or document given in compliance with the
requirement.
(4) If the person is an individual and the individual fails to
comply with the requirement when the investigator has failed to comply with
subsection (3) , the individual may not be convicted of the offence against
section 87ZH (1) .
(5) If, in complying with a requirement made under
section 87ZH , the person discloses a privileged client communication— (a)
the person is taken for all purposes not to have breached legal professional
privilege in complying with the requirement; and
(b) the disclosure does not
constitute a waiver of legal professional privilege or otherwise affect any
claim of legal professional privilege for any purpose other than a proceeding
for an offence against section 36A , 36D , 36E , 37AB , 39A , 41A , 74 (1) or
(2) or 75 .
(6) In this section—
"privileged client communication" means communication protected against
disclosure by legal professional privilege that operates for the benefit of a
client of an investigated person.
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